Mail fraud occurs when a person steals or defrauds and uses the mail to carry out their scheme. Although mail fraud is common, there are many defenses your lawyer can use to keep a mail fraud conviction off of your record.
What did I do wrong?
To convict a defendant of mail fraud, different elements must be present. First, the defendant must have engaged in a scheme to defraud, with intent to commit fraud. Then, the defendant must have used the mail to carry out the scheme.
A scheme to defraud is depriving someone of tangible or intangible property by dishonest means. However, even if there is intent to defraud, the defendant could still be convicted. A victim needn’t be present. Even if the scheme fails; if there was intent to defraud, you can still be found guilty of mail fraud.
What is the punishment for mail fraud?
Mail fraud conviction comes with a hefty sentence. If a financial institution is involved, the prison time could be up to 30 years and the fine up to $1 million.
Committing mail fraud does not just involve the United States Postal Service. If you have committed fraud that travels across state lines using Fed Ex or UPS, you can also be charged with mail fraud.
I am charged with federal mail fraud. Help!
To be convicted, it must be proven that the defendant acted with an intent to defraud. If there is reasonable doubt that the fraud was committed intentionally, that is sufficient defense. In addition, if the mail was used, but not to further the fraudulent scheme, that can also be reason for dismissal.
Do you need a Miami criminal defense lawyer if you were charged with mail fraud?
Mail fraud cases are complex and the sentencing guidelines are amended frequently. If you have been charged with mail fraud, you may need a criminal defense attorney with experience handling such cases.